Legal Question in Immigration Law in Michigan

I (F1 visa holder) married a B2 expired visa holder. Can she change status to F2

Hi!

I'm a F1 visa holder from Brazil. I married a Brazilian woman who has an expired (more than a year) B2 visa. Is there anything I can do to legalize her situation (other than praying for the green card lottery)? We have a daughter born here in the US (6 months old). I know she cannot sponsor us, but can she easy any process we start?

Thank you.


Asked on 4/23/04, 3:18 pm

2 Answers from Attorneys
Steven Afton IMMIGRATION ADVOCATES

Re: I (F1 visa holder) married a B2 expired visa holder. Can she change status t

Unfortunately, there is not much you can do. IF you were a green card holder, or U.S. citizen, you would have a basis upon which to petition the U.S. government for HER green card. But as a temporary (i.e., "non-immigrant") visa holder yourself, your status isn't something that can give her green card status. If you get a job offer, however, and get your green card someday (a long road), then you would be able to use that for your wife's green card. Or, if your wife herself gets some legal basis upon which to base a green card: like a job offer--then she can apply for that green card (but she would have to leave the U.S. to process in the consulate).

Good luck!

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Answered on 4/23/04, 4:53 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: I (F1 visa holder) married a B2 expired visa holder. Can she change status t

You can be petitioned by an empolyer...get labor certification done...then apply for adjustment. She can do the same thing....but she can not adjust in the USA unless 245(i) comes back.

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Answered on 4/23/04, 10:25 pm


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